ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: JUD DP 7-0-1-0 | 3rd Read DP 28-0-2-0 House: MAPS DP 14-0-0-1

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SB 1602: central state repository; offenses

Sponsor: Senator Petersen, LD 12

House Engrossed

Overview

Expands the list of offences for which criminal records must be collected by the Central State Repository (Repository).

History

The Department of Public Safety (DPS) manages the Repository which stores Arizona criminal history records and related criminal justice information for any person who has been arrested or charged with: 1) a felony offence; 2) an offence involving domestic violence; 3) a sexual offence; or 4) a DUI offence (A.R.S. § 41-1750).

In 2021, the Office of the Auditor General (OAG) published an audit of the Repository which reported that DPS could unknowingly issue or fail to suspend fingerprint clearance cards to unqualified individuals. This is because current statute does not require a number of misdemeanor offenses that would preclude an individual from obtaining a fingerprint clearance card to be reported to the Repository. The OAG recommended that the Legislature should consider whether all fingerprint clearance card precluding offenses should be reported to the Repository, and if so, to modify statute accordingly (Report 21-110).

Provisions

1. Adds the following offences to the list of offences which must be reported to and collected by the Repository:

a) Misdemeanor acts which preclude licensure as a private investigator;

b) Misdemeanor acts which preclude certification as an associate or employee of a private investigator;

c) Misdemeanor acts which preclude licensure as a security guard;

d) Misdemeanor acts which preclude certification as a security guard agency associate, security guard or armed security guard;

e) Offences which preclude obtaining a standard fingerprint clearance card; and

f) Offences which preclude obtaining a level I fingerprint clearance card. (Sec. 1)

2. Permits DPS to procure criminal records and information for other violations which are not listed in statute. (Sec. 1)

3. Permits criminal justice agencies to provide DPS with criminal history and information for other violations which are not listed in statute. (Sec. 1)

4. Contains a delayed effective date of January 1, 2023. (Sec. 2)

5. Makes technical changes. (Sec. 1)

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                        SB 1602

Initials FK/NM Page 0 House Engrossed

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